Ellen J. Fried, Assistant Attorney General, Consumer Frauds and Protection Bureau, New York State Office of the Attorney General

10:30 - 10:45 a.m.

Networking Break

10:45 - 11:45 a.m.

Regulation of Food Advertising in 2012 and 2013: Reaction from Industry and other Stakeholders

Richard A. Samp, Chief Counsel, Washington Legal Foundation

Bruce A. Silverglade, Principal, Olsson Frank Weeda Terman Matz PC

Crystal T. Williams, Associate, Barnes & Thornburg LLP

Moderated byAugust T. Horvath, PhD, Partner, Kelley Drye & Warren LLP

11:45 a.m. - 12:45 p.m.

Functional Food: Claims and Substantiation

The increasing use of marketing claims to communicate health-related information about food has resulted in more enforcement actions by regulatory agencies, challenges by industry self-regulatory bodies, and class action lawsuits by private plaintiffs under state consumer protection laws. The potential liability is greater than ever. This panel will discuss the types of claims that have triggered actions, and best practices for evaluating claims and managing risk, including:

The effect of class action lawsuits on risk assessments for claims; and

New challenges for many food companies if the California Right to Know Genetically Engineered Food Act passes on November 6.